Claim received - Acknowledgment sent - Help / Advice with Defense needed.

AlilHelp

I know you people are busy so I will keep this short as possible, to the point and include facts (I have changed some times / dates / amounts but all are reflective of the case).

Parking company sent Letter before claim (March 2021) - 3 charges - each claim was for £110. All from 2019. 
 Emailed a SAR to company - replied 2 days latter with info in PDF. 


Claim 1) - Exceeded time
Ticket for 2hours - 10:05 - 12:05 - On windscreen printed fine (Similar to the one the council use) - time on fine - 12:45
Due to the SAR :
- Pics of car in parking space
- Pic of paid parking ticket in car with time and date
- Pic of sign 6/8 feet behind car of T&C - Fine of £110 ect
- Pics of fine on car
- Pic of ticket machine with price / cost list sign next to it
- Screenshot of the DVLA / car reg information
- Copy of letter sent asking for payment with increasing sums. 

Claim 2) - Insufficient fee paid
Ticket for 2h - 9:55 - 11:55 - Entered car park (NPR time) 9:55 - left car park 12:20 - Accusation of overstay by 25 mins  
- Screenshot pic of car entering and leaving car park 
- Screenshot pic of DVLA / Reg keeper info
- Copy of letter sent asking for payment with increasing sums. 

Claim 3) - Vehicle not permitted or grace period exceeded 
Tickets for 2h - Paid 9:45 - til - 11:45 - NPR times - entered car park 9:44 - left 12:13 - Accusation of overstay by 28 mins  
- Screenshot pic of car entering and leaving car park 
- Screenshot pic of DVLA / Reg keeper info
- Copy of letter sent asking for payment with increasing sums. 

As a note the car park was use multiple time over several months. 
When the letter before claim was received , using the guild set out in the newbies thread, a SAR was made via email. Claim Foam was received at the end of May and via the step by step guild, a acknowledgment of service was done online (moneyclaim.gov).

My understanding is that a defense needs to be summited Next - using this thread for the format and some of the content - Will summit by email [https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs]
Not sure if it is the right one, the letters that came before had over due fees added to the amount, but the Claim form only has £110 stated on the signs in the car park.

I need a little help with finding relevant defenses that I can adapt or add, any links or suggestions would be great, and I have a question about the date/deadline. Is the deadline 4 weeks / 28 days from the date of issue on the Claim or dose it start from the date of issue +5 days ( Day of service)?

If more information / clarity is need, let me know.

Thank you in advance.

KeithP

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

1505grandad

Also, who is the parking company?

D_P_Dance

Have you complained to your MP?

Fruitcake

These are not fines.
There is no s in defence.
Have you complained to the landowner?
Where did this dastardly deed occur?

AlilHelp

KeithP said:

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

A claim was issued against you on 24/05/2021

Your acknowledgment of service was submitted on 31/05/2021 at 18:45:01

Your acknowledgment of service was received on 01/06/2021 at 08:05:36

AlilHelp

1505grandad said:

Also, who is the parking company?

It Is sip parking

AlilHelp

Fruitcake said:

These are not fines.
There is no s in defence.
Have you complained to the landowner?
Where did this dastardly deed occur?

I am not sure who owns the land. It is a car park in Manchester. It is not connected to a shop or a retail park. It is a car park under the arches of a railway bridge. it leads me to believe that it is owned and ran by S.i.P. 

The name on the Claim Form is one of the directors of the car parking company (Checked online)    

KeithP

AlilHelp said:

KeithP said:

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

A claim was issued against you on 24/05/2021

Your acknowledgment of service was submitted on 31/05/2021 at 18:45:01

Your acknowledgment of service was received on 01/06/2021 at 08:05:36

With a Claim Issue Date of 24th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 28th June 2021 to file your Defence.

That's over a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

AlilHelp

Thank you @KeithP

I am working on it today and will post here tomorrow to get some feedback before submitting it.

I have some questions on what to include

In Part 2 of the template defence - Should the defendant state that they were the driver?

In part 3 focus on the unclear and difficult to read signs? the size of the one at entrance and impossible to read on entering?AlilHelp said:

Claim 1) - Exceeded time
Ticket for 2hours - 10:05 - 12:05 - On windscreen printed fine (Similar to the one the council use) - time on fine - 12:45
Due to the SAR :
- Pics of car in parking space
- Pic of paid parking ticket in car with time and date

- Pic of sign 6/8 feet behind car of T&C - Fine of £110 ect

and lastly is it best to just copy / pasted points 4 to 18. Is that all that should be in the defence ?

Redx

In 2 , it depends on if the defence is a keeper defence , or a keeper but not driver Defence , or a Keeper and Driver defence , or keeper and driver not known defence !!  Meaning it's multiple choices , which is why coupon mad leaves it to the defendant !!

If you think about your answer in court , to Mr Ali , were you the driver on the day in question ??  ,  if asked by a judge or the claimant , what will you say ? Because it's a bad idea to lie !!

Signage is included in the defence already , so 3 sets the scene etc

Read other Court claim threads from this year , see what their 2 & 3 say

3 may be a few paragraphs , meaning when you add the rest of the template defence from 4 onwards , unchanged , you may need to renumber. Where 4 may become 6 or 7 etc , so the template 3 is typically 3 , 4 , & 5 , with 4 becoming 6 etc

What you should be thankful for is not having to write the other 16 or more paragraphs !!